Latest editorials All articles
Repercussions of the Establishment of the EPPO via Enhanced Cooperation
EPPO's Added Value and the Possibility to Extend its Competence
This article addresses several issues on the added value of the recently established European Public Prosecutor's Office (EPPO). One section of the article explores whether the establishment of the EPPO via enhanced cooperation undermines the added value of the EPPO in combating crimes affecting the financial interests of the Union. Another section offers an evaluation of whether the establishment of the EPPO via enhanced cooperation makes it more difficult or even impossible to further extend the competence of the EPPO over terrorism-related crimes.Read more
This contribution aims to shed light on some issues concerning the cross-border cases (already or potentially) falling within the competence of the EPPO. The notion of “cross-border cases” – them being PIF offences or other offences – encompasses at least three scenarios:
i) Cases involving two or more Member States participating in the EPPO, including cases where the criminal activity is carried out in a single country, but the suspect has a habitual residence in, or is a national of, another Member State;
ii) Cases involving two or more Member States, one of which is not part of enhanced cooperation;
iii) Cases involving at least one third country.
In the scenarios under ii) and iii), the controversial topic is how to regulate the relations of the EPPO with the competent authorities of non-participating Member States or third countries. In contrast, the scenario under i) brings to the fore issues concerning the efficient handling … Read more
The Initiative for a Directive on the Protection of the EU Financial Interests by Substantive Criminal Law
The article presents the substantive criminal-law initiative against EU-fraud, which was adopted by the Commission on 11 July 2012. After giving an overview of the status quo of criminal law protection and its challenges, the author analysis in detail the Commission proposal for the so-called PIF Directive.Read more
The Hybrid Architecture of the EPPO
From the Commission’s Proposal to the Final Act
The Commission’s proposal for the Regulation establishing a European Public Prosecutor's Office (EPPO) had been under negotiation within the Council for more than three years. Remarkably, the Regulation provides for shared competence between the Member States and the EPPO as regards the prosecution of PIF offences, whereas the original proposal provided for an exclusive competence of the Office.
The most striking change during the negotiations, however, relates to the very design of the EPPO. Member States have been advocating a shift towards a College model – allowing them to designate European Prosecutors who will be members of the European body of the Office. This change may result in an EPPO that will be less decentralized than originally foreseen in the Commission’s proposal. The currently envisaged layout can therefore be considered a mix between the decentralized and the College models.
Against this backdrop, the article first analyses the structure … Read more
The Establishment of the European Public Prosecutor's Office
The Road from Vision to Reality
The establishment of a European prosecution office with the competence to fight crimes against the financial interests of the EU has been the subject of discussion for many years . Twenty years after the Corpus Juris experts recommended setting up a European Public Prosecutor's Office (EPPO) and four years after the Commission tabled its proposal , the Regulation establishing the EPPO received the European Parliament's consent on 5 October 2017 and was finally adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017 under enhanced cooperation with 20 Member States . The Regulation was published in the Official Journal on 31 October 2017 and entered into force on 20 November 2017.
The EPPO will be an independent European prosecution office competent for investigating and prosecuting the crimes.
This article sets out the main elements of the Regulation, outlines the expected advantages of the EPPO, illustrates the next steps … Read more
The Future of the European Union’s Financial Interests
Financial Criminal Law Investigations under the Lead of a European Prosecutor’s Office
The article reflects on the future of financial criminal law investigations of the EU. It departs from the experts’ studies conducted which have developed the Corpus Juris Model, and recalls the historic development of the subsequent institutional debate up to the Lisbon Reform Treaty. The reform on OLAF’s functional independence and accountability is put into the context of a possible work plan to complete the reflections. Ultimately, the author outlines a way ahead, which possibly enables financial criminal investigations of the EU to be conducted under the lead of a European Public Prosecutor’s Office.Read more